R v Carrington (a pseudonym) [2020] NSWDC 748

R v Carrington (a pseudonym) [2020] NSWDC 748

The offender committed multiple serious offences involving physical and sexual abuse against his daughter over several years. Taking into account the objective seriousness of the offences, aggravating factors, lack of genuine remorse, early guilty plea (with discount applied), and need for general and specific deterrence, an aggregate sentence of 16 years imprisonment with a non-parole period of 12 years was imposed.

Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 16 years with a non-parole period of 12 years imposed.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'aggravated Act of Indecency' 'incest' 'sentencing']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'aggravated Act of Indecency' 'incest' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["Appropriate sentence for offences involving assault occasioning actual bodily harm, aggravated act of indecency, and incest against a minor who is the offender's daughter" 'Assessment of objective seriousness of offences' 'Consideration of aggravating and mitigating circumstances including early guilty plea']

Ratio Decidendi

The offender committed multiple serious offences involving physical and sexual abuse against his daughter over several years. Taking into account the objective seriousness of the offences, aggravating factors, lack of genuine remorse, early guilty plea (with discount applied), and need for general and specific deterrence, an aggregate sentence of 16 years imprisonment with a non-parole period of 12 years was imposed.

Court Disposition

Aggregate term of imprisonment of 16 years with a non-parole period of 12 years imposed.

Orders

  • ['Aggregate term of imprisonment of 16 years imposed, commencing on 29 January 2020.' 'Non-parole period fixed at 12 years, expiring 28 January 2032.' 'Balance of term (4 years) to be served on parole from 29 January 2032 to 28 January 2036.' 'No finding of special circumstances.']